Election Of Remedies

856 Florida cases classified under this topic, plus 11 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• In re Est. of Dorothy H. Burroughs v. Am. Sec. & Tr. Co.
  475 F.2d 370· D.C. Cir.· 1973-02-23 ·cited 2×
  The court held that a party accepting benefits under a will is generally precluded from challenging the will's validity, absent fraud or misrepresentation.
• Gurney Indus., Inc. v. ST. Paul Fire & Marine Ins. Co.
  467 F.2d 588· 4th Cir.· 1972-09-14 ·cited 2×
  The court held that the production requirements in the contract were warranties, not mere conditions precedent to payment, entitling Gurney to damages beyond the retainage. Gurney's refusal to allow unapproved equipment replacement was reasonable mitigation.
• Thompson v. Haynes
  249 So. 2d 69· Fla. 1st DCA· 1971-06-10 ·cited 2×
  Thompson sued both the operator and owner of a vehicle that struck his car. After obtaining judgment against the operator (Deloris Haynes) for $89,750, he then sued the owner (M. J. Haynes), who was the operator's husband and co-owner. The court held Thompson was barred by res ju
• The Gillette Co. v. "42" Prods. Ltd., Inc.
  435 F.2d 1114· 9th Cir.· 1970-12-14 ·cited 2×
  The court held that a party who had the opportunity to elect to have an appeal dismissed and proceed in district court, but instead allowed the appeal to continue, made a binding election and could not later seek to have the case tried de novo in district court.
• Wyrembek v. Frey
  231 So. 2d 222· Fla. 4th DCA· 1970-01-16 ·cited 2×
  The purchasers sued for unjust enrichment after the seller retained their deposit and they made improvements to the property, seeking return of the deposit and credit for mortgage payments.
• Porter v. Honorable Stanley R. Resor
  415 F.2d 764· 10th Cir.· 1969-08-13 ·cited 2×
  The estate is bound by the decedent's election to forgo statutory compensation and continue using the land, thus forfeiting any claim for loss.
• Weaver v. Stone
  212 So. 2d 80· Fla. 4th DCA· 1968-06-25 ·cited 2×
  Payment of a judgment into the court registry pursuant to F.S. § 55.62 constitutes full satisfaction of that judgment without requiring the plaintiff's consent, and satisfaction of a judgment against one of several jointly and severally liable tortfeasors discharges the liability
• Mardick v. Stover
  392 F.2d 561· 9th Cir.· 1968-02-06 ·cited 2×
  The court held that appellants, as cash customers, were entitled to reclaim shares held by the bankrupt stockbroker, and that their appeal was timely filed.
• Riehl v. Bennett
  142 So. 2d 761· Fla. 2d DCA· 1962-06-01 ·cited 2×
  Sellers contracted to convey property to buyers via agreement for deed containing a forfeiture clause, but buyers defaulted and executed a quitclaim deed back to sellers, who then resold the property without notice to buyers. The court upheld dismissal of sellers' action for dama
• Dinerman v. Bowley & Travers, Inc.
  301 F.2d 464· 2d Cir.· 1962-04-13 ·cited 2×
  A creditor who participates in inducing a general assignment for the benefit of creditors is disqualified from filing a bankruptcy petition alleging that assignment as an act of bankruptcy.
• Truesdell v. Fla. E. Coast Ry.
  14 Fla. Supp. 32· Dade Cty. Cir. Ct.· 1959-03-13 ·cited 2×
  An employee discharged by a railroad sued for wrongful discharge based on alleged breach of a collective bargaining agreement, claiming he was denied a fair and impartial hearing. The court held that the employee must first exhaust administrative remedies available under the cont
• Cargo Carriers v. Richmond Steel Co.
  263 F.2d 919· 4th Cir.· 1959-02-20 ·cited 2×
  The court held that the buyer's actions were consistent with preserving contractual rights and did not demonstrate assent to rescission, despite the seller's anticipatory breach.
• Olin E. Watts Under the Last Will and Testament and Codicil thereto of A. F. Baines v. Duval Cnty.
  75 So. 2d 316· Fla.· 1954-06-11 ·cited 2×
• Rumsey MFG. Corp. v. United States. in re Rumsey MFG. Corp.
  206 F.2d 565· 2d Cir.· 1953-08-24 ·cited 2×
  The court held that the United States was not estopped from asserting its security interest in a judgment, even though it initially filed its claim as unsecured. The court also held that wage creditors' appeal could be entertained on the merits.
• Courtney v. Custer Cnty. Bank
  198 F.2d 828· 9th Cir.· 1952-09-10 ·cited 2×
  The judgment must be affirmed because the appellant failed to prove damages under the only available theory of recovery.
• Shapiro v. United States
  168 F.2d 625· 3d Cir.· 1948-05-26 ·cited 2×
  The court held that once a suit against an agent acting under US authority is filed, a subsequent suit against the United States is barred by statute.
• Essington v. Parish
  164 F.2d 725· 7th Cir.· 1947-11-20 ·cited 2×
  The court held that the defendant failed to prove accord and satisfaction or that the instruments executed with Mayo and Crandall constituted a release of claims against them, and that the prior New York suit did not bar the current action due to lack of inconsistency.
• In re Stineman. Appeal of Chase NAT. Bank OF City OF NEW York
  155 F.2d 755· 3d Cir.· 1946-05-07 ·cited 2×
  Secured creditors who receive dividends from the general estate without having the value of their securities ascertained and deducted are deemed to have elected to be treated as general creditors, waiving their security rights.
• MRS. Elizabeth Cullinane & Fla. Indus. Comm'n v. Crown Can Co.
  156 Fla. 652· Fla.· 1945-12-07 ·cited 2×
  The court held that the claimant's election to sue a third party was inconsistent with reserving rights to compensation from the employer.
• Martin v. Consol. Cas. Ins. Co.
  138 F.2d 896· 5th Cir.· 1943-11-26 ·cited 2×
  The court held that plaintiffs, having received full workers' compensation, could not sue the insurer or physicians as third parties for compensatory damages, as the physicians acted as agents of the insurer. However, claims for exemplary damages were allowed to proceed.
• Queen City Shoe MFG. Corp. v. Commonwealth Last Co.
  134 F.2d 422· 1st Cir.· 1943-04-01 ·cited 2×
  A creditor's written assent to a general assignment for the benefit of creditors ordinarily estops them from later filing an involuntary bankruptcy petition based on that assignment, unless the assent was given in ignorance of facts that would bar the debtor's discharge.
• Sonken-Galamba Corp. v. Butler Iron & Steel Co., Inc.
  119 F.2d 283· 8th Cir.· 1941-04-30 ·cited 2×
  The court held that the defendants breached the contract by failing to pay for the scrap iron by the stipulated deadline, and the measure of damages was the difference between the contract price and the market value at the time of the breach.
• Williams v. Penn Mut. Life Ins. Co. of Philadelphia
  S.D. Fla.· 1925-05-30 ·cited 2×
  A widow sought to cancel a release of her deceased husband's life insurance policies, alleging the insurance company's agents committed fraud in procuring the release through false representations about settlement agreements and control of litigation. The court held that even ass
• Fla. Home Ins. Co. v. Bozeman
  58 Fla. 424· Fla.· 1909-06-01 ·cited 2×
  Florida Home Insurance Company appealed an order overruling its plea in an equity suit by Bozeman seeking reformation of a fire insurance policy due to alleged mistake in coverage allocation. The Florida Supreme Court affirmed, holding that a concurrent equity suit for reformatio
• The Guar. Tr. & Safe Deposit Co. v. Buddington
  24 Fla. 21· Fla.· 1888-01-01 ·cited 2×
  The Florida Supreme Court rejected a motion to dismiss an appeal filed by Guaranty Trust and Safe Deposit Company, holding that the company's unsuccessful suit in federal court does not bar its right to appeal a state court decree regarding a railroad foreclosure sale.
• Siena v. Orange Cnty. Fire Rescue/Ccmsi
  373 So. 3d 6· Fla. 1st DCA· 2023-10-25 ·cited 1×
  The appellate court reversed a lower court's decision, holding that a firefighter's widow could receive death benefits under both chapter 112 and chapter 440 of Florida Statutes. The court found that the "alternative remedy" language in one statute applied only to benefits receiv
• Trena Michelle Reddick v. Univ. of S. Fla. Bd. of Trs.
  362 So. 3d 300· Fla. 2d DCA· 2023-06-09 ·cited 1×
  The appellate court reversed a summary judgment for the employer, finding that the employee's due process rights were violated because the Florida Commission on Human Relations (FCHR) failed to provide her with proper notice of her options after she filed a discrimination complai
• Stephanos v. Stephanos
  357 So. 3d 1230· Fla. 4th DCA· 2023-03-08 ·cited 1×
  A party who fails to obtain a ruling on a claim or motion while a matter is pending before the trial court abandons that claim or motion, even if the party previously pled the claim and proceeded to trial on it. The appeal of an entitlement to attorneys' fees is not ripe for revi
• Meribeth Gratkowski v. ASI Preferred Ins. Corp.
  351 So. 3d 1216· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court reversed a trial court's decision that upheld an appraisal award of $0 for roof damage. The court found that because the insurer wholly denied coverage, the issue of causation was a judicial question, not one for the appraisal panel, rendering the appraisal aw
• Flinn v. Doty
  275 So. 3d 671· Fla. 4th DCA· 2019-07-10 ·cited 1×
  A party who forecloses on property to satisfy equitable liens and obtains a judicial sale has elected that remedy and cannot thereafter obtain a money judgment for the entire lien amount; the party must pursue a deficiency decree instead.
• Dep't of Child. & Families v. S.B.
  274 So. 3d 1170· Fla. 5th DCA· 2019-06-06 ·cited 1×
  The appellate court granted the Department of Children and Families' petition to quash lower court orders that placed a child with an out-of-state relative without complying with the Interstate Compact on the Placement of Children (ICPC). The court found the trial court erred by
• Roberts v. Miami-Dade Cnty.
  249 So. 3d 1309· Fla. 3d DCA· 2018-06-27 ·cited 1×
  An employee bound by a collective bargaining agreement must exhaust all administrative remedies available under the CBA, including filing a grievance, before bringing a court action. Failure to file a required grievance after an appeal is denied constitutes a failure to exhaust a
• City of Miami v. Miami Lodge 20
  247 So. 3d 618· Fla. 3d DCA· 2018-05-16 ·cited 1×
  The City of Miami appeals a PERC order finding it committed an unfair labor practice by refusing to arbitrate a grievance filed by the FOP on behalf of officer Larry Hagan after he was terminated. The central dispute concerns whether an employee who elects one remedy (Civil Servi
• Holmes Reg'l Med. Ctr., Inc. v. Allstate Ins. Co.
  225 So. 3d 780· Fla.· 2017-07-13 ·cited 1×
  The Florida Supreme Court held that a party with an unsatisfied judgment cannot assert an equitable subrogation claim against a subsequent tortfeasor without first fully paying the injured party's damages. The Court reversed the Fifth District's decision allowing contingent subro
• Beach Cmty. Bank v. Disposal Servs., LLC
  199 So. 3d 1132· Fla. 1st DCA· 2016-09-21 ·cited 1×
  Beach Community Bank appealed a summary judgment dismissing its conversion claim against Disposal Services, LLC over secured containers. The trial court ruled conversion was unavailable because replevin (repossession) remained a viable remedy. The appellate court reversed, holdin
• Dutra v. Chance T. Kaplan and Marnie Kaplan
  137 So. 3d 1190· Fla. 3d DCA· 2014-04-16 ·cited 1×
  Dutra appeals a summary judgment dismissing her breach of contract claim as time-barred. The court reverses, holding that when a party repudiates a contract, the statute of limitations begins to run from the time of actual breach (when performance becomes due), not from the date
• Olen Props. Corp. v. Moss
  984 So. 2d 558· Fla. 4th DCA· 2008-05-14 ·cited 1×·via Choice Of Remedies
  The court held that a lease provision allowing a tenant to cancel after seven months with a one-month rent fee is valid, but a provision allowing three months' rent as liquidated damages upon tenant default is void under the Florida Residential Landlord and Tenant Act.
• Taylor v. Pub. Emps. Relations Comm'n & Dep't of Health
  878 So. 2d 421· Fla. 4th DCA· 2004-06-23 ·cited 1×
  Barbara Taylor appealed PERC's dismissal of her whistle-blower complaint, which was dismissed based on election of remedies doctrine. The court affirmed, holding that Taylor was barred from pursuing a whistle-blower complaint after simultaneously pursuing a collective bargaining
• Roland v. Fla. E. Coast Ry., LLC
  873 So. 2d 1271· Fla. 3d DCA· 2004-06-02 ·cited 1×
  Stephen P. Roland, a railroad policeman, appealed a dismissal of his state whistleblower lawsuit on federal preemption grounds. The Florida Third District Court of Appeal reversed, holding that the federal railroad whistleblower statute does not preempt state whistleblower statut
• Tackett Plastics, Inc. v. Bowsmith, Inc.
  614 So. 2d 30· Fla. 2d DCA· 1993-02-19 ·cited 1×
  Everett Tackett challenged a summary judgment dismissing his malicious prosecution action against Bowsmith, Inc. The trial court had ruled the action barred because Tackett previously elected to tax costs in the underlying suit. The appellate court reversed, holding that Florida
• Dopp v. HTP Corp.
  947 F.2d 506· 1st Cir.· 1991-10-04 ·cited 1×
  The court held that the damage award and annulment order were too ambiguous to stand and must be retried, and that a non-party who voluntarily dismissed itself lacks standing to appeal.
• In re Mann Farms, Inc. v. Mann Farms, Inc.
  917 F.2d 1210· 9th Cir.· 1990-10-29 ·cited 1×
  The court held that the debtor's state court tort action was not preempted by the bankruptcy reorganization plan and that the plan was proposed in good faith.
• First State Bank & Tr. Co. OF Valdosta v. McIVER
  893 F.2d 301· 11th Cir.· 1990-01-29 ·cited 1×
  The court held that the settlement agreement did not discharge the defendant's obligation on the promissory note, and a satisfaction of judgment related to a letter of credit did not affect liability on the note.
• In re J.B. Lovell Corp. v. Carlisle Corp.
  876 F.2d 96· 11th Cir.· 1989-06-27 ·cited 1×
  A debtor's voluntary conversion of an involuntary Chapter 7 bankruptcy proceeding to a Chapter 11 proceeding moots its appeal of the bankruptcy court's order granting the Chapter 7 petition.
• John Alden Life Ins. v. C.A. Cavendes
  591 F. Supp. 362· S.D. Fla.· 1984-07-06 ·cited 1×
  The court held that the plaintiff's claims were barred by Rule 13(a) as compulsory counterclaims and by the doctrine of res judicata, and that the plaintiff failed to demonstrate justifiable reliance on alleged misrepresentations, warranting summary judgment for the defendant.
• First Nat'l Bank & Tr. Co. of Riviera Beach v. Berry
  44 Fla. Supp. 159· Palm Beach Cty. Ct.· 1976-04-20 ·cited 1×
  First National Bank sought a writ of replevin to recover a 1974 Chevrolet pickup truck that had been levied upon by the sheriff under a judgment held by Midland Guardian Company. The court denied the replevin application, holding that a secured creditor cannot replevy property th
• Junction BIT & Tool Co. v. Vill. Apts., Inc.
  262 So. 2d 659· Fla.· 1972-05-03 ·cited 1×
  The Florida Supreme Court clarified that a creditor who obtains a judgment on a promissory note is not barred from subsequently foreclosing on a mortgage securing that note, provided the judgment proves uncollectible. The Court overruled its prior precedent in Teague v. Harrison
• Apex Pool Equip. Corp. v. LEE
  419 F.2d 556· 2d Cir.· 1969-12-16 ·cited 1×
  A restrictive covenant conditioned on contract termination is only enforceable if the termination is justified under the contract's specific provisions, not merely any termination.
• Corcoran v. Martin
  202 So. 2d 16· Fla. 2d DCA· 1967-08-11 ·cited 1×
  In this promissory note collection action, the court addresses whether a creditor can obtain separate judgments against joint and several obligors after first obtaining judgment against a co-maker. The court holds that individual judgments against the Corcorans are proper, but re
• Galloway v. Musgrave
  154 So. 2d 846· Fla. 2d DCA· 1963-06-19 ·cited 1×
  This appeal concerns a chattel mortgage foreclosure action involving cattle sales where the mortgagee Musgrave obtained a deficiency decree after foreclosure sale. The court affirmed, holding that repossession of mortgaged livestock during foreclosure did not constitute an electi